Bill Text: CA AB1229 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Juvenile court costs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 569, Statutes of 2010. [AB1229 Detail]

Download: California-2009-AB1229-Amended.html

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BILL NUMBER: AB 1229	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section  20101 of the Public Contract
  903.47 of the Welfare and Institutions  Code,
relating to  public contracts   juvenile court
costs  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1229, as amended, Evans.  Public contracts: local
public agencies: prospective bidders.   Juvenile court
costs.  
   Existing law provides for the appointment of counsel to represent
a minor in juvenile court proceedings, as specified. The father,
mother, spouse, or other person liable for the support of the minor
is liable to the county for those costs, except as specified. 

   Existing law authorizes the court, with the consent of the county
and pursuant to the terms and conditions agreed upon by the court and
the county, to designate a financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to the
provision governing liability for the cost to the county or the court
of legal services rendered to a minor.  
   This bill would additionally authorize the court to designate a
court financial evaluation officer to make evaluations of liability
for reimbursement for the costs of legal services rendered to a
minor. The bill would also require both the court financial
evaluation officer and the county financial evaluation officer to
follow the procedures set forth for county financial evaluation
officers, as specified.  
   (1) Existing law authorizes, with a specified exception, a public
entity subject to specified laws governing public contracting by
local agencies to require that each prospective bidder for a contract
complete and submit to the entity a standardized questionnaire and
financial statement in a form specified by the entity, including a
complete statement of the prospective bidder's experience in
performing public works.  
   This bill would, instead, require that the above-referenced
questionnaire and financial statement be in a form prepared and
provided to the public entity by the Contractors State License Board.
 
   (2) Existing law requires the Department of Industrial Relations,
in collaboration with affected agencies and interested parties, to
develop model guidelines for rating bidders, and to draft the
standardized questionnaire that may be used by public entities for
purposes of laws regulating local public works projects, and requires
the department, in developing the standarized questionnaire, to
consult with affected public agencies, cities and counties, the
construction industry, the surety industry, and other interested
parties.  
   This bill would, instead, require the Contractors State License
Board, in collaboration with affected agencies and interested
parties, to develop guidelines for qualifying bidders, and prepare
the standardized questionnaire that shall be used by public entities
for purposes of laws regulating local public works projects, and
would require the Contractors State License Board, in developing or
revising the standardized questionnaire, to consult with affected
public agencies, cities and counties, the construction industry, the
surety industry, and other interested parties.  
   (3) Existing law requires any public entity requiring prospective
bidders to complete and submit questionnaires and financial
statements, as described, and to adopt and apply a uniform system of
rating bidders on the basis of the completed questionnaires and
financial statements, and specifies that the uniform system of rating
prospective bidders shall be based on objective criteria. 

   This bill would require any public entity requiring prospective
bidders to complete and submit questionnaires and financial
statements, as described, and to adopt and apply a uniform system of
qualifying bidders on the basis of the completed questionnaires and
financial statements, and would require that the uniform system of
qualifying prospective bidders be based on objective criteria, and
take into account factors including, but not limited to, the size and
contract volume of a prospective bidder so as to equally apply
qualifying factors on a weighted basis.  
   (4) Existing law authorizes a public entity to establish a process
for prequalifying prospective bidders on a quarterly basis, and
provides that a prequalification pursuant to this process shall be
valid for one calendar year following the date of the initial
qualification.  
   This bill would require that the prequalification pursuant to this
process be valid for 3 calendar years following the date of initial
prequalification if the public agency determines that the information
in the prequalifying questionnaire has not substantially changed
during the 3-year period. By imposing new duties on local agencies
with respect to the process for qualifying bidders, the bill would
impose a state-mandated local program.  
   The bill would also require the Contractors State License Board to
develop and maintain a database of contractors and subcontractors
that are qualified to bid on a pubilc works projects that may be
accessed by public entities subject to the above public contracting
requirements.  
   (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 903.47 of the  
Welfare and Institutions Code   is amended to read: 
   903.47.  (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1.
   (1) As part of the program, the Judicial Council shall:
   (A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness of
the program.
   (B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with collecting delinquent
reimbursements. The policies and procedures shall at a minimum limit
the amount of money a court may recover to a reasonable proportion of
the delinquent reimbursements collected and provide the terms and
conditions under which a court may use a third party to collect
delinquent reimbursements.
   (2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by
law, the money collected under this program shall be utilized to
reduce caseloads, for attorneys appointed by the court, to the
caseload standard approved by the Judicial Council. Priority shall be
given to those courts with the highest attorney caseloads that also
demonstrate the ability to immediately improve outcomes for parents
and children as a result of lower attorney caseloads. 
   (b) (1) The court may designate a court financial evaluation
officer to make financial evaluations of liability for reimbursement
pursuant to Section 903.1.  
   (b) 
    (2)  With the consent of the county and pursuant to the
terms and conditions agreed upon by the court and county, the court
may designate a  county  financial evaluation officer to
make financial evaluations of liability for reimbursement pursuant to
Section 903.1. In processing reimbursement of payments
pursuant to Section 903.1, the court and financial evaluation officer
shall follow the procedures set forth for county financial
evaluation officers in subdivisions (b), (c), and (d) of Section
903.45.  
   (3) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county
financial evaluation officer shall follow the procedures set forth
for county financial evaluation officers in subdivisions (b), (c),
and (d) of Section 903.45.  
  SECTION 1.    Section 20101 of the Public Contract
Code is amended to read:
   20101.  (a) Except as provided in Section 20111.5, a public entity
subject to this part may require that each prospective bidder for a
contract complete and submit to the entity a standardized
questionnaire and financial statement in a form prepared and provided
to the public entity by the Contractors State License Board,
including a complete statement of the prospective bidder's experience
in performing public works. The standardized questionnaire may not
require prospective bidders to disclose any violations of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor
Code committed prior to January 1, 1998, if a violation was based on
a subcontractor's failure to comply with these provisions and the
bidder had no knowledge of the subcontractor's violations. The
Contractors State License Board, in collaboration with affected
agencies and interested parties, shall develop guidelines for
qualifying bidders, and prepare the standardized questionnaire, that
shall be used by public entities for the purposes of this part. The
Contractors State License Board, in developing or revising the
standardized questionnaire, shall consult with affected public
agencies, cities and counties, the construction industry, the surety
industry, and other interested parties. The questionnaire and
financial statement shall be verified under oath by the bidder in the
manner in which civil pleadings in civil actions are verified. The
questionnaires and financial statements shall not be public records
and shall not be open to public inspection, except that records of
the names of contractors applying for prequalification status shall
be public records subject to disclosure under Chapter 3.5 (commencing
with Section 6250) of Division 7 of Title 1 of the Government Code.
   (b) Any public entity requiring prospective bidders to complete
and submit questionnaires and financial statements, as described in
subdivision (a), shall adopt and apply a uniform system of qualifying
bidders on the basis of the completed questionnaires and financial
statements, in order to determine both the minimum requirements
permitted for qualification to bid, and the type and size of the
contracts upon which each bidder shall be deemed qualified to bid.
The uniform system of qualifying prospective bidders shall be based
on objective criteria, and shall take into account factors including,
but not limited to, the size and contract volume of a prospective
bidder, so as to equally apply factors used to determine the
qualifications of a bidder on a weighted basis.
   (c) A public entity may establish a process for prequalifying
prospective bidders pursuant to this section on a quarterly basis and
a prequalification pursuant to this process shall be valid for three
calendar years following the date of initial prequalification if the
public entity determines that the information in the prequalifying
questionnaire has not substantially changed during the three-year
period of time.
   (d) Any public entity requiring prospective bidders on a public
works project to prequalify pursuant to this section shall establish
a process that will allow prospective bidders to dispute their
proposed prequalification rating prior to the closing time for
receipt of bids. The appeal process shall include the following:
   (1) Upon request of the prospective bidder, the public entity
shall provide notification to the prospective bidder in writing of
the basis for the prospective bidder's disqualification and any
supporting evidence that has been received from others or adduced as
a result of an investigation by the public entity.
   (2) The prospective bidder shall be given the opportunity to rebut
any evidence used as a basis for disqualification and to present
evidence to the public entity as to why the prospective bidder should
be found qualified.
   (3) If the prospective bidder chooses not to avail itself of this
process, the proposed prequalification rating may be adopted without
further proceedings.
   (e) For the purposes of subdivision (a), a financial statement
shall not be required from a contractor who has qualified as a Small
Business Administration entity pursuant to paragraph (1) of
subdivision (d) of Section 14837 of the Government Code, when the bid
is no more than 25 percent of the qualifying amount provided in
paragraph (1) of subdivision (d) of Section 14837 of the Government
Code.
   (f) Nothing in this section shall preclude an awarding agency from
prequalifying or disqualifying a subcontractor. The disqualification
of a subcontractor by an awarding agency does not disqualify an
otherwise prequalified contractor.
   (g) The Contractors State License Board shall develop and maintain
a database of contractors and subcontractors that are qualified to
bid on a public works project that may be accessed by public entities
subject to this part.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.